Electronic Privacy Information Center v. United States Department of Homeland Security
United States Court of Appeals for the District of Columbia
653 F.3d 1 (2011)
Relevant factsFree
The TSA (defendant) adopted advanced imaging technology body scanners for primary airport screening without notice-and-comment rulemaking, and EPIC and affected board members (plaintiffs) who had been subjected to the scanning petitioned for review after the TSA denied their rulemaking request, arguing the significant privacy and experiential implications of the scanning policy required formal notice-and-comment procedure.
IssueFree
Whether, under the Administrative Procedure Act, a rule imposing a substantive regulatory change is subject to notice and comment rulemaking.
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